Lilli v Building Professionals Board [2019] NSWCATOD 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lilli v Building Professionals Board [2019] NSWCATOD 193 Hearing dates: 11 December 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Jurisdiction: Occupational Division Before: L Pearson, Principal Member Decision: (1) The decision of the Building Professionals Board dated 28 November 2019 to take disciplinary action against Valerio Lilli (Accreditation Number BPB0229) is stayed, subject to the following conditions: (a) Mr Lilli is not authorised to determine and/or issue any complying development certificates, construction certificates, compliance certificates and/or occupation certificates, nor any modified certificates of any kind. This condition includes and applies to any undetermined applications and any determined applications where the certificate has not been issued. (b) Mr Lilli is not authorised to accept the lodgement with him of an application for a complying development certificate, construction certificate, compliance certificate and/or an occupation certificate. (c) Mr Lilli is not authorised to carry out any final inspections, that is, after building work has been completed and prior to any occupation certificate being issued in relation to the building. (d) Mr Lilli is not authorised to carry out any functions, nor issue any certificates or notices, under the Swimming Pools Act 1992. (2) The following directions are made: (a) The Respondent is to give to the Tribunal and the other party the documents required under s 58 of the Administrative Decisions Review Act 1997 on or before 28 February 2020; (b) The Applicant is to give to the Tribunal and the other party, any written submissions and material on which that party relies on or before 13 March 2020; (c) The Respondent is to give to the Tribunal and the other party, any written submissions and material in reply on or before 27 March 2020; (d) The Applicant is to give any reply to the Respondent's evidence and written submissions on or before 10 April 2020; (e) The proceedings are listed for hearing for three days from 27 April to 29 April 2020 commencing at 10 a.m. on 27 April 2020 at John Maddison Tower, Level 10, 86-90 Goulburn Street, Sydney; and (f) The parties have liberty to restore on the giving of three (3) days notice. Catchwords: INTERLOCUTORY ORDER – application for stay Legislation Cited: Administrative Decisions Review Act 1997 Building Professionals Act 2005 Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 Broadbent v Civil Aviation Authority [1999] FCA 1871 Hallal v Building Professionals Board [2016] NSWCATOD 78 Levick v Building Professionals Board [2018] NSWCATOD 125 Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 McGufficke v Building Professionals Board [2013] NSWADT 296 Pinnacle Homes (Sydney) Pty Ltd v Director General, Department of Fair Trading [2001] NSWADT 222 QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Qiu v Building Professionals Board [2013] NSWADT 289 Williamson v Director General, Department of Transport [2000] NSWADT 165 Texts Cited: None cited Category: Procedural and other rulings Parties: Valerio Lilli (Applicant) Building Professionals Board (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) T Bagley (Respondent)